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Indian Succession Act, 1925 Section 179

Title: No Ademption by Subsequent Provision for Legatee

State: Central

Year: 1925

No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. Illustrations (i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is not thereby adeemed. (ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished.

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Indian Succession Act, 1925 Section 239

Title: Probate of Copy Where Original Exists

State: Central

Year: 1925

When the Will is in the possession of a person residing out of the state in which application for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the Will or an authenticated copy of it is produced.

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Indian Succession Act, 1925 Section 247

Title: Administration, Pendente Lite

State: Central

Year: 1925

Pending any suit touching the validity of the Will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.

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Indian Succession Act, 1925 Section 246

Title: Administration, for Use and Benefit of Lunatic or Minor

State: Central

Year: 1925

If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestate's estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the Will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.

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Indian Succession Act, 1925 Section 245

Title: Administration, During Minority of Several Executors or Residuary Legatees

State: Central

Year: 1925

When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority.

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Indian Succession Act, 1925 Section 244

Title: Administration, During Minority of Sole Executor or Residuary Legatee

State: Central

Year: 1925

When a minor is sole executor or sole residuary legatee, letters of administration, with the Will annexed, may be granted to the legal guardian of such minor or to such other person as the Court may think fit until the minor has attained his majority at which period, and not before, probate of the Will shall be granted to him.

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Indian Succession Act, 1925 Section 241

Title: Administration, with Will Annexed, to Attorney of Absent Executor

State: Central

Year: 1925

When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the Will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself.

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Indian Succession Act, 1925 Section 240

Title: Administration Until Will Produced

State: Central

Year: 1925

Where no Will of the deceased is forthcoming, but there is reason to believe that there is a Will in existence, letters of administration may be granted, limited until the Will or an authenticated copy of it is produced.

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Indian Succession Act, 1925 Section 238

Title: Probate of Contents of Lost or Destroyed Will

State: Central

Year: 1925

When a Will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.

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Indian Succession Act, 1925 Section 249

Title: Administration, with Will Annexed, Limited to Particular Purpose

State: Central

Year: 1925

If an executor appointed generally gives an authority to an attorney or agent to prove a Will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the Will annexed, shall be limited accordingly.

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